Toomer v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Felton. Houston superior court. December 18, 1907. Joe Toomer was indicted for the murder of Lula Toomer, his wife. Upon the trial of the case the jury returned a verdict of guilty, with a recommendation to mercy, and the defendant excepted to the judgment overruling his motion for a new trial. There were no eye-witnesses to the killing.
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Indictment for murder. Before Judge Felton. Houston superior court. December 18, 1907. Joe Toomer was indicted for the murder of Lula Toomer, his wife. Upon the trial of the case the jury returned a verdict of guilty, with a recommendation to mercy, and the defendant excepted to the judgment overruling his motion for a new trial. There were no eye-witnesses to the killing. The evidence showed that the defendant returned to his home on the morning of the tragedy, after being away the night before, and asked his wife to prepare breakfast for him. According to some of the witnesses, the…
1Opinion of the CourtBeck, J.
(After stating the facts.) Upon a careful consideration of each of the several grounds of the motion for a new trial excepting to the portions of the charge of the court, no error is made to appear therein. The portions of the charge complained of clearly, correctly, and appositely stated to the jury the law applicable to the case under its peculiar facts.
The last ground of the motion complains that the court erred in not charging the jury the law of involuntary manslaughter in the commission of a lawful act; but we agree with the court below in its holding that there was no evidence in the…
2Cited by1 opinion
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